The incorporation of Article on 17th October, after a long debate in the Constituent Assembly was one of the major historic inclusions made in the Indian Constitution. Then it was on 5th August, that one Presidential Notification, known as The Constitution Application to Jammu and Kashmir Order, was issued with the aim of amending the Article which is the interpretative clause of the Constitution for Article , by inserting a new sub-clause, that is Article 4 d and scrapping off the 65 year old Order, known as The Constitution Application to Jammu and Kashmir Order, With this new Order many questions were raised on the competency of the Legislation and on the proficiency of such step taken by it. In order to analyze this Order we will here take the help of the Doctrine of Colourable Legislation , which raises the question of competency whenever any law is enacted by the legislature.
Core constitutional arguments at centre of B.C. case
Technological Limitation What should India do to address this techno-legal challenge? This doctrine is based on the principle that "what cannot be done directly cannot be done indirectly". In other words, if the constitution does not permit certain provision of a legislation, any provision that has the same effect but in a roundabout manner is also unconstitutional.
In the case of D C Wadhwa v. State of Bihar,  the power of the governor under Article of the Indian Constitution to re-promulgate ordinances for an indefinite period has been questioned by the Apex Court of India. Repeated promulgation of the same ordinance has become a major challenge of the country to curb the excessive use of power by the executive wing of the country. During the Indian constitutional history, there have been numerous emergency circumstances where it was necessary for the executive to bring a law or resolution and implement it with an immediate effect in the country. Being an executive authority, it is the constitutional power bestowed upon the President and the Governors of the state to take immediate action in such emergency situations when both the houses of the parliament are not in session.